Agenda 06/23/2015 Item #16F 26/23/2015 16.F.2.
EXECUTIVE SUMMARY
Recommendation to approve a Tri -Party Developer Contribution Agreement with
Parklands Associates I, LLLP, and The District School Board of Collier. County to allow
Parklands Associates I, LLLP to convey a 15 -acre parcel within the Parklands RPUD for
use as an elementary school site in exchange for Educational Impact Fee credits in the sum
of 52,050,000, which exchange is in accordance with the Developer commitments set forth
in the RPUD document, and which sum represents the appraised fair market value of the
parcel.
OBJECTIVE: That the Board of County Commissioners (Board) approve a Tri -Party
Developer Contribution Agreement with Parklands Associates I, LLLP, and The District School
Board of Collier County to allow Parklands Associates I, LLLP, to convey a 15 -acre parcel
within the Parklands RPUD for use as an elementary school site in exchange for Educational
Impact Fee credits in the sum of $2,050,000.
CONSIDERATIONS: Parklands Associates I, LLLP is the owner of a 625.6 +/- acres of
property located north of Immokalee Road and south of Bonita Beach Road on the proposed
Logan Boulevard extension. The Developer agreed to donate a 15 -acre site per an agreement
approved by the School Board and as a stipulation in Ordinance 85 -46, which changed the
zoning classification to a planned unit development. The stipulation was carried forward in
Ordinance 93 -43 and Ordinance 03 -42, which were repealed and replaced with Ordinance 12 -30.
Ordinance 12 -30 changed the zoning district from a Planned Unit Development zoning district to
a residential planned unit development (RPUD) and also contained the stipulation. In exchange
for this donation, Parklands Associates I, LLLP is receiving $2,050,000 in educational impact
fee credits, which sum is equal to the current fair market value of the donated land, as appraised
by the District.
FISCAL IMPACT: There is no fiscal impact to Collier County. The County is simply
administering the impact fee collections on behalf of the School District. With respect to the
School District, they have advised us that the requested educational impact fee credits equal the
appraised fair market value of the 15 -acre parcel to be conveyed.
GROWTH MANAGEMENT IMPACT: This agreement is consistent with the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approve a Tri -Party
Developer Contribution Agreement with Parklands Associates I, LLLP, and The District School
Packet Page -2126-
6/23/2015 16.F.2.
Board of Collier County to allow Parklands Associates I, LLLP, to convey a 15 -acre parcel
within the Parklands RPUD for use as an elementary school site in exchange for Educational
Impact Fee credits in the sum of $2,050,000. zn
Prepared by: Paula Fleishman, Senior Operations Analyst
Office of Management and Budget,
Capital Project Planning, Impact Fees and Program Management
Attachments:
1. Developer Contribution Agreement
Packet Page -2127-
6/23/2015 16.F.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.2.
Item Summary: Recommendation to approve a Tri -Party Developer Contribution
Agreement with Parklands Associates I, LLLP, and The District School Board of Collier County to
allow Parklands Associates I, LLLP to convey a 15 -acre parcel within the Parklands RPUD for use
as an elementary school site in exchange for Educational Impact Fee credits in the sum of
$2,050,000, which exchange is in accordance with the Developer commitments set forth in the
RPUD document, and which sum represents the appraised fair market value of the parcel.
Meeting Date: 6/23/2015
Prepared By
Name: FleishmanPaula
Title: Operations Analyst, Senior, Growth Management Department
5/27/2015 11:57:01 AM
Submitted by
Title: Operations Analyst, Senior, Growth Management Department
Name: FleishmanPaula
5/27/2015 11:57:02 AM
Approved By
Name: PattersonAmv
Title: Manager - Impact Fees & EDC, Growth Management Department
Date: 5/28/2015 9:07:19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/28/2015 10:25:12 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/5/2015 8:54:48 AM
Packet Page -2128-
6/23/2015 16.F.2.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/6/2015 9:24:20 AM
Packet Page -2129-
6/23/2015 16. F.2.
PARKLANDS RPUD
TRI -PARTY DEVELOPER CONTRIBUTION AGREEMENT
THIS TRI -PARTY DEVELOPER CONTRIBUTION AGREEMENT (the "Agreement ")
is made and entered Into this of , 2015, by and between
PARKLANDS ASSOCIATES I, LLLP, a Florida limited liability limited partnership,
( "Parklands" or "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (the "County "),
and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "District ").
All capitalized terms not defined herein shall have the same meaning as set forth in the Collier
County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended and codified
in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Impact Fee Ordinance ").
RECITALS:
WHEREAS, Parklands is the owner of approximately 625.6 +/- acres of property
designated as Urban on the Future Land Use Map of the Collier County Growth Management
Plan in unincorporated northern Collier County, Florida;
WHEREAS with .respect to said property, an July 24, 2012, the County _approved
Ordinance Number 12 -30, changing the zoning classification from a Planned Unit Development
zoning district to a Residential Planned Unit Development ( "RPUD ") zoning district for a project
to be known as the Parklands RPUD (hereinafter, referred to as the "Development "), which
Development is graphically depicted on the Master Plan, attached hereto and made a part hereof
as Exhibit "A "; and
WHEREAS, in accordance with the Developer commitments set forth in Ordinance
Number 12 -30, Parklands, as Developer, agrees to dedicate and convey to the District fifteen
(15) acres, within the Development, as further described in Exhibit `B" (the "School Site "),
attached hereto and made a part hereof, for use as an elementary school site in exchange for a►i
Educational Impact Fee credit; and
\RIHEREAS, this Agreement has been negotiated and prepared by the District and the
Developer, who jointly request that the County approve the terms and conditions set forth herein.
WITNESSETH
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein, the parties agree as follows:
L The parties agree and acknowledge that the recitals above are true and correct and
that it is the intent of the parties by entering into this Agreement to create a legally binding
Packet Page -2130-
6/23/2015 16.F.2.
contract whereby Developer conveys the School Site to the District and the County grants and
issues to Parklands an Educational Impact Fee credit.
2. The District shall have a Due Diligence Period of fifty (50) days from the date
that this Agreement is frilly executed to conduct feasibility studies, environmental assessments,
surveys and any other study or report deemed necessary to evaluate the School Site and to
determine if it meets all requirements for the construction of an elementary school. The
Developer grants its consent to the District to allow the District and /car its designated agent(s) to
access the School Site in order to perform its Due Diligence activities. The District shall
indemnify and hold harmless the Developer from and against any and all claims, actions, causes
of action, loss, damages, injuries, liabilities, costs and expenses, including without lirnitation
attorneys' fees, arising from the District's Due Diligence activities, however, the District does
not waive the provisions set forth in Florida Statutes Section 768.28.
3. The School Site shall only be used for a public elementary school. No uses other
than a public elementary school shall be allowed on the School Site, unless the Developer
records a notice in the Public Records of Collier County, Florida that this restriction has been
waived in whole or in part. h1 the event of turnover, the master homeowner's association for the
Development shall thereafter be responsible for recording such notice. If so waived, any of the
principal and accessory-residential uses permitted in the Development are also permitted on the
School Site. This restriction shall be included in the conveyance deed to the District. The
School Site shall have direct and permanent access from Logan Boulevard North. The
Development water management system will accept the storm water runoff from the School Site
and provide the necessary storage and attenuation. The District shall provide water quality or
pretreatment as required. The District shall be responsible for the construction of all access
improvements into the School Site.
4. In accordance with Florida Statutes Section 1013.14(l)(b), the District obtained
tutu (2) appraisals for the School Site, one from ARC Realty Advisors, Inc. and another from
Integra Realty Resources, both independent state certified appraisers, to establish the value of the
School Site. The average appraised value of the two appraisals is $2,050,000 and shall constitute
the amount of credit available to the Developer as a prepayment of Educational Impact Fees
upon conveyance of the School Site to the District (the "Impact Fee Credit ").
5. After conducting its Due Diligence, District will notify Developer as to the
acceptability of the School Site. If the School Site is acceptable to the District, Developer will
convey the School Site by Special Warranty Deed (or such similar deed) and District will accept
the School Site as prepayment of a portion of the anticipated Educational Impact Fees to be
imposed by the County in connection with the Development (tire "Dedication'). It is anticipated
by the parties that the Dedication shall occur on or before June 30, 2015. The District and the
Developer may extend the date of the Dedication provided both agree to do so in writing. The
Developer agrees to provide the District (or the District's title company) all the documentation
that is custornarily required to obtain title insurance for the School Site free from: (i) the
Schedule B - Section II "standard exceptions" of the title commitment obtained by the District
2
Packet Page -2131-
6/23/2015 16.F.2.
(other than the survey exception), (ii) all mortgage liens affecting the School Site, and (iii) all
non- mortgage liens and encumbrances affecting the School Site which can be removed by
payment of a liquidated amount at or prior to the date of the Dedication. Except as otherwise
provided in this Agreement, all matters listed in Schedule B — Section II of the title commitment
obtained by the District and all matters appearing on the survey of the School Site obtained by
the District shall be deemed "Permitted Exceptions" and the District shall take title to the School
Site subject to all such Permitted Exceptions. The District shall be responsible for any and all
costs associated with obtaining such title insurance. Developer shall prepare and deliver the
conveyance deed, its affidavit, certificate of non- foreign status and any corrective instruments
that may be required in connection with perfecting title or any additional documents reasonably
requested to consummate the transactions contemplated hereunder. District shall be responsible
for the cost of obtaining a survey of the School Site, title insurance and the filing or recording
fees and the documentary stamps for the deed or any additional documents reasonably requested
to consummate the transactions contemplated hereunder. All taxes (and special assessments)
assessed for any prior year and remaining unpaid shall be paid by the Developer and all taxes
assessed for the current calendar year shall be prorated between the Developer and the District
on a calendar year basis as of the date of Dedication. In the event that the District determines
within the Due Diligence Period that the School Site is not acceptable, the parties acknowledge
and agree that a document voiding this Agreement shall be executed and recorded in the Public
Records of Collier County, Florida:
6. Developer agrees that it will not submit its own alternative Educational Impact
Fee calculation, but instead will abide by the duly adopted Educational Impact Fees in effect at
the time of Building Permit applications.
7. Contingent upon the Dedication, the District, as the new owner of the School Site,
hereby grants the Developer a temporary construction access easement for the purpose of
providing access over, upon and across the School Site allowing the Developer to utilize the
School Site for construction access, offices and the storage and staging of materials for the
construction of the Development (the "Temporary Construction Easement "). Developer shall
use the School Site in compliance with all applicable laws, ordinances, rules and regulations and
shall not use or store any hazardous substances or materials, including but not limited to, fueling
or oiling any vehicles or machinery on the School Site. The Developer shall indemnify and hold
harmless the District from and against any and all claims, actions, causes of action, loss,
damages, injuries, liabilities, costs and expenses, including without limitation attorneys' fees,
arising from the Developer's use of the - Temporary Construction Easement. The Developer's
right to use the Temporary Construction Easement shall automatically terminate upon the earlier
of the following: (i) the date of completion of the residential units in the Development; (ii) six
(6) months after the date that the District provides the Developer written notice that the District
has, in its sole discretion, terminated the Temporary Construction Easement or (iii) ten (10) years
from the date of this Agreement. Upon the termination of the Temporary Construction
Easement, the Developer, at its sole cost and expense, shall commission Ardaman & Associates
(or another Florida licensed and certified environinental engineering firm that is reasonably
acceptable to the District) to perform a Phase 1 environmental assessment of the School Site
3
Packet Page -2132-
6/23/2015 16.F.2.
(including reasonable soil testing samples) and produce and deliver a report to the District stating
that no adverse environmental conditions have arisen as a result of the Developer's use of the
Temporary Construction Easement.
S. The Impact Fee Credit identified herein shall run with the Development. The
Impact Fee Credit shall be reduced and exhausted on a unit by unit basis. The Impact Fee Credit
set forth herein shall not offset, diminish or reduce any other charges, fees or other educational
impact fees for which Developer, its successors and assigns, are responsible in connection with
the development of their other Iands. It shall be Developer's, or its successors' and assigns',
obligation to notify the County that the Impact Fee Credit is available each and ever), time that
Educational Impact Fees may become due.
9. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Developer
may freely assign or transfer all or any portion of the Impact Fee Credit to successor owners of
all or part of the Development or to another developments) as provided for in the Impact Fee
Ordinance.
10. Developer acknowledges and agrees that the failure of this Agreement to address
- any pernrit,-condition, term or restriction shall not relieve either Developer, or its successors or _
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing
applicable permitting requirements, conditions, terms or restrictions.
11. At County's option, an annual examination and audit of compliance may be
performed by the County to determine compliance with, and performance under, this Agreement,
including whether or not there has been demonstrated good faith compliance with the terms of
this Agreement and to review the balance of available Impact Fee Credit.
12. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
13, This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful, and
there remains a dispute under this Agreement, the parties shall first use the County's then current
Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either
party may then file an action in the Circuit Court of Collier Count), which shall be the exclusive
venue with respect to any disputes arising out of this Agreement. This Agreement shall not be
construed or characterized as a development agreement under the Florida Local Government
Agreement Act.
4
Packet Page -2133-
6/23/2015 16.F.2.
14. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developer shall pay all costs of recording this Agreement.
15. This Agreement is the entire agreement between the parties, and supersedes all
previous oral and written representations, agreements and understandings between the parties.
With the exception of the administration of the Impact Fee Credit, and except where otherwise in
direct conflict with Florida Statutes Section 768.28, the District and the Developer jointly agree
to defend and hold County harmless from any claims arising out of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
ATTEST:
DWIGHT E. BIZOCK, Clerk
I:
Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
O
Attest: 4
LJ�4�
Dr. Kamela Patton, Superintendent
pprove to forin and legal sufficiency:
tFishbane, District General Counsel
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
Tim Nance, Chairman
TIIrCI�C�1L DISTRICT COLLIER
COUNW, FLORIDA
1 Jr
Kathleen Curatolo, School Board Chair
Packet Page -2134-
Witnesses:
Signature
Printed Name
Signature
Lj
Printed Name 0
STATE OF FLORIDA
COUNTY OF 6P, W/1 R.,
6/23/2015 16.F.2.
PARKLANDS ASSOCIATES I, LLLP, a
Florida limited liability invited partnership
By: Parklands G'111 4r Corporation, a
Florida Corpor "14 its General Partner
Richard Arkin, Vice President
The foregoing instrument was acknowledged before nle this ! day of
r v+ t 2415, by Richard Arkin, as Vice President of Parklands Genpar
Coipoi'ation, a Florida corporation. He is personally known to me o l I
license no.
Ias produced driver s
as iden ificatioil
{l{iltYr; ;j,; NOTARY PUBLIC
c
4, 20
�}••
�A "'e q.�
SEAL oA'; OF 097686 coe
! Illllfl
Printed Name
1\73' Commission Expires:
Packet Page -2135-
11,6 j9 14
&.�Li 1: fi ii
4it
%�
A it
54
' Aii' -ri €i
ci ^F
t3
' •UUUU t>
•i K <KKK �:
•t�
K<
•
G
•
u7�Is
ria
o
'n
all
t
K
R7
u
nt.
(LV
6/23/2015 16.F.2.
U
(yyfF/l7,7'
all
t
K
u
nt.
(LV
�sw
;:�
tit
�����l3DLiyl�
�
ff{FAA....r
a
6W
cs�adFO-
OF
6/23/2015 16.F.2.
U
(yyfF/l7,7'
all
t
K
u
nt.
(LV
�sw
;:�
�
ff{FAA....r
a
6W
cs�adFO-
OF
cu
k•
�
�a
OR3'1055's6\
6/23/2015 16.F.2.
a
Oi .ca _.. °o
ii i L7 � N
a N v
Lil O
j � J
C 4C C7 �
l�ow o
N.Y
iut, t]
Y.
b u:
u "
ES q F
O
SLLY \ UAlu Sat' ]
IVV
s L � r ` `� �S � � v\ �' c ES s �� ♦� j
(im ls3m vaRD
Packet Page -2136-
Li
r?
u
r
A LAI
s
b
z
all
t
K
u
nt.
(LV
Fl-
�
6W
OF
cu
k•
�
�a
r-G-,�
L.
.i�
�vq�.i
4 o
On n
S
�
Sc "tuui
F
H
rz
oa
H
w
N5a
Ny
Fp�
HOsVf
°
` o
V 5 C
c—pi ly!
NLt6
8. V
�1
Y
,
o
N�
t
rcjUU
y
aa22
"7U
watt
t.
F
FL
NFL
r -L�-
Cl Y_
a,n
e
e
O
e
s$
a
Oi .ca _.. °o
ii i L7 � N
a N v
Lil O
j � J
C 4C C7 �
l�ow o
N.Y
iut, t]
Y.
b u:
u "
ES q F
O
SLLY \ UAlu Sat' ]
IVV
s L � r ` `� �S � � v\ �' c ES s �� ♦� j
(im ls3m vaRD
Packet Page -2136-
Li
r?
u
r
A LAI
s
b
z
6/23/2015 16.F.2.
e �
DESCRIPTION
15 ACRE PARKLANDS SCHOOL SITE
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER,
LYING IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING A PORTION OF A PARCEL
OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4551 AT PAGE 1565 OF THE PUBLIC
RECORDS OF SAID COLLIER COUNTY AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID POINT LYING ON THE
WESTERLY RIGHT -OF -WAY LINE OF LOGAN BOULEVARD NORTH (80.00 FEET WIDE) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 4856 AT PAGE 2763, SAID POINT LYING ON A NON -
TANGENT CURVE TO THE RIGHT CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 740.00
FEET SAID CURVE BEING SUBTENDED BY A CHORD THAT BEARS N 44 °50'32" E AT A DISTANCE
OF 1046.94 FEET; THENCE N 89 051'55" E FOR A DISTANCE OF 702.79 FEET TO THE POINT OF
BEGINNING.
FROM SAID POINT OF BEGINNING; THENCE N 00 008'05" W FOR 664.28 FEET; THENCE N 89 °52'10"
E FOR 1124.40 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT -OF -WAY LINE OF SAID
LOGAN BOULEVARD NORTH; THENCE S 00 024'22" E ALONG SAID RIGHT -OF -WAY LINE FOR 1.07
FEET; TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 660.0 FEET SAID CURVE BEING SUBTENDED BY A CHORD
THAT BEARS S 44 043'47" W AT A DISTANCE OF 935.59 FEET; THENCE CONTINUE ALONG SAID
-- - CURVE AND SAID- RIGHT -OF- WAY THROUGH A CENTRAL ANGLE OF 90°16'17" FOR 1039.85 FEET; -
THENCE S89 051'55" W ALONG SAID RIGHT -OF -WAY FOR 464.42 FEET TO THE POINT OF
BEGINNING.
PARCEL SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD.
BEARINGS SHOWN ARE STATE PLANE COORDINATE FOR THE FLORIDA EAST ZONE (NORTH
AMERICAN DATUM OF 1983/1990 ADJUSTMENT). WITH THE SOUTH LINE OF SECTION 9,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEARING S 89 °53'05" W.
Packet Page -2137-
6/23/2015 16.F.2.
SO,YdI'R'03Vp' o 3lIS IOO:)iiOS oeaa x 75 U46:-V; u11s
Packet Page -2138-
�
N
N N
�r'ti t� zwitJ `
U IC
. .��`'�s +� w �• ^�_4
N I
Cam+.
Ci M
CO CO
En
.�
�oV
N
S�J
... u.�n ..,•�
oa vt v
a
Z
U) to
Ln
O O
goyim"
O
U
G�'-7 (n V!
CZ N
N U
N
Fa
a
ul
m
U
(�
4
Z
U) E-4
CO
p
H
�o
a q�
m
�
z3�
ate.
�Ot'7
o
(
to
,9Z'i,99 I&. 0,80.00N
o
///
U
c� a
o m
o
®
o - u;
_
=on
U .- M
U
O) in
�O
Lil
rn
�
N m
U t0 t'1
o
� Q
w
tW
ti
CV
W
�wvZ
m r
Z
U
lrwu�
N
N
Z
n W
I
to rl
T -I
�= 0000
W =U W
I7
�O
ENO
C
Q ZrGZZ
'�
n O O
Cp 0,
LI 0
U
W adad
w'mw m
2
O
m fl tt p A
LL(t/�
ONOLJ02 Z
NJW
m
Z
W
o a
~
ib
G
N
Z
or�0eao�o
.UI
�0
V7 O C
j O C
�
w
dm
VIOZ U
z
U_00
x424.
ry p p p p p p n
v
Q
pen to
m o
O
d aacriJ zoo
ICA
> M
of in
a
--
U U U
N
tn
Ali
03
Ip
aQ°
}
Z s°
U
�O!
u zoo
O u
CO
oWz,o
to
O
��
U
o. �
Ow
Q
00
u
Q
N
�WN
O
� L)
W
N
in N
LI
SO,YdI'R'03Vp' o 3lIS IOO:)iiOS oeaa x 75 U46:-V; u11s
Packet Page -2138-